Sexual Harassment Is a Dangerous Weed Which

Sexual harassment is a dangerous weed which needs to be rooted out from our society. This malady threatens our fundamental constitutional basis of freedom and equality for all. Implementing a good sexual harassment policy at the organizational level and strict enforcement of punishments for offenders is the rightful solution to the problem.

Sexual harassment has assumed huge proportions and is an omnipresent problem raising its hood in all social and professional domains. Women, being the weaker sex are the most affected by this social evil and all the positive achievements of the women's liberation movement have been spoilt by this malady. Gender discrimination continues to haunt us and at every level and it has cast a doubt on the general notion of America as a nation of liberty and gender equality. The corporate sector is no more a secure place for women, with sexual harassment cases getting revealed one by one leaving us in a state of total shock and disbelief. Let us analyze some general aspects and some specific cases to highlight the enormity of the situation and in the process we will also touch upon some standard strategies to control sexual harassment.

Sexual Harassment (Ubiquitous Phenomenon)

Sexual harassment is not a new problem but one that continues to haunt our society for a long time. The most common setting where sexual harassment is blatantly obvious is the workplace, which is proved by the ever increasing number of sexual harassment cases being reported over the last few years. Almost all walks of life are infested by this malady and even the noble professions like academia and hospice environment are not spared. In fact it is the hospitals where sexual harassment is more prominent. A recent study conducted revealed that around 69% to 85% of nurses have reported to have been subjected to some kind of sexual harassment in their workplace. Another independent study conducted on 188 intensive care nurses revealed that more than 46% of them had undergone sexual harassment in one form or the other and that in almost 82% of the cases the offenders were the physicians. [Anita Hoffman]

Types of Sexual Harassment

The Civil rights act of 1964 clearly states two forms of sexual harassment in the working environment. The first one is the called the 'Quid pro quo harassment' in which case the employers or other higher authorities exact sexual favors in exchange for career prospects of the employee. Failure to comply with the sexual favors would invariably result in incurring the grudge of the superiors. The other form of harassment is known as the 'Hostile Work Environment' where a questionable sexual conduct creates a hostile and unhealthy working climate. [Kimberly A. Lambert]. This form of sexual harassment can be created by anyone right from the supervisors to the co-workers and even the customers of the company. This type of sexual misbehavior is typically manifest in the form of vulgar jokes and unnecessary physical contact.

Effective Strategies (HR policies)

Creating Awareness

Employers definitely have the key role in ensuring that sexual discrimination does not creep silently and affect the employee morale. The organization must have a well defined policy against sexual harassment. The first and foremost step in this direction would be for the HR department to organize informational sessions that clearly explain sexually harassing behavior. [Juliene Hefter] So an effective strategy to successfully combat sexual harassment would begin with educating employees, supervisors and other professionals about the nature of sexual harassment. The company's sexual harassment policy must be displayed in a conspicuous location. This active role from the human resource professionals would send a strong signal that offenders could not escape with impunity. A well structured grievance procedure will greatly reduce the possibility of sexual harassment from continuing without being noticed. Gathering regular feedback from the employees and immediately addressing and resolving any issues which indicate gender-based discrimination is a vital step in eradicating sexual discrimination from the work place.

Managerial Intervention (Timely Action)

The next important strategy is to follow up action against complaints in a strict manner. Employers must direct a fair handed investigation immediately without any delay. This is important from the employer perspective because if action is not taken in a timely manner it will incur serious liability. The law holds the employer responsible if proper investigation and action are not initiated in a timely manner. The 1998 Supreme Court decree stresses the liability of the employer, "An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee." [Roy Whitehead]. The1990 "Hirschfeld v. New Mexico Corrections Department" case is a good example where the employer was saved from severe punishment because of the timely intervention in the form of the suspension of the offender. As a case in point where the slackness of the employer was severely dealt with is "Baker v. Weyerhaeuser Co.," where the employer was asked to pay compensation to the tune of $90,000 for the indifferent attitude and delayed action. [Kimberly A. Lambert]

In general sexual harassment complaints are lodged only after deep deliberation on the part of the victim as there are several factors such as humiliation, loss of career and even abject denial of the complaint that need to be considered. The management must interview the complainant and the perpetrator in an even handed manner and take appropriate action (suspension or termination) if the accused is found to be guilty. The case of Mitsubishi motors plant at Illinois stands out as one of the worst scenarios of sexual harassment in an entire organization. The failure to follow up with the complaints, and the negligent attitude of the management lead to the silent spread of the weed of sexual harassment in the entire organization. Instead of taking immediate action against the offenders the company management decided to protest against the complainants. "Mitsubishi had tolerated boorish, even terrifying behavior by some 400 men who resented the women's presence" [Patricia A Marvel] Only later when investigations speeded up it clearly revealed the magnitude of the problem with more than 350 victims in that single plant and the company agreed for a compensation of $34 million. It is necessary that the management has a well defined sexual harassment policy and provides a working environment where complainants do not have to shrug away fearing humiliation or grudge against them.